Legal Opinion

Wear v. Gleason

Supreme Court of Arkansas

Decided November 15, 1889PublishedCited by 8 opinions

APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. Wear, Boogher & Co. brought this action against L. D. Gleason, to recover the value of a trunk and its contents, left, at the defendant’s hotel by John R. Boddy, the traveling salesman of the plaintiffs.

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APPEAL from Pulaski Circuit Court. J. W. Martin, Judge. Wear, Boogher & Co. brought this action against L. D. Gleason, to recover the value of a trunk and its contents, left, at the defendant’s hotel by John R. Boddy, the traveling salesman of the plaintiffs. The complaint alleges that the trunk was left with the defendant as inn-keeper, and that as such he agreed to hold it and deliver it to Boddy on demand; but that, he negligently and wrongfully delivered it to a third person,, by whom it was carried away, and that it was thus wholly lost, to the plaintiffs. The answer denies that the…

1Per curiam

Inn-Keeper: Liability for bagage. There is no evidence to show that Gleason received the trunk in the capacity of inn-keeper. Boddy had ' severed his personal connections with the hotel by surrendering his room and paying his bill before the trunk was delivered to Gleason. It was subsequently delivered to him either under an understanding that it should be held as a pledge for money loaned by him to Boddy or only for the accommodation of Boddy. In neither case would the extraordinary liability incident to the relation of inn keeper and guest arise. Bishop Non Contract Law, secs. 1172, 1180.

Bai…

2Cases cited3 opinions

  1. Coykendall v. EatonNew York Supreme Court · 1869
  2. Dufour v. MephamSupreme Court of Missouri · 1862
  3. Norris v. RhodesTexas Supreme Court · 1860

3Cited by8 opinions

  1. Merchants Bank v. AffholterSupreme Court of Arkansas · 1919
  2. Baker v. BaileySupreme Court of Arkansas · 1912
  3. McKeever v. KramerMissouri Court of Appeals · 1920
  4. Strange v. Planters' Gin Co.Supreme Court of Arkansas · 1920
  5. Christensen v. DadySupreme Court of Arkansas · 1964

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